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Lien Agreement for Public Improvements 1994-0031704 ` • • t°,rir' i ('n f 4 17 . ti L'UL 117 '-, . : • • Iz 97 Section 2. As security for the repayment of said loan, Property Owner does hereby grant to City a lien upon the hereinafter described property in an amount not to exceed the principal obligation set forth in Section 1, plus any and all unpaid interest which may accumulate in the future upon said sum. Said lien shall be binding upon the Property Owner and Property Owner's heirs, successors, assigns, executors, or other transferees in accordance with the terms and conditions hereof. Notwithstanding the agreement of the parties for the repayment of said sum in annual installments to be added to Property Owner's tax bill, the entire unpaid sum of said loan shall be immediately due and payable upon the transfer of ownership of said real property by Property Owner if said real property has been improved with the construction of a residence thereon. Section 3. Upon payment in full of the full amount due hereunder, City shall promptly upon demand of Property Owner release the lien created hereby. Section 4. Upon demand of Property Owner, if not in default hereunder. City shall subordinate this lien to loans not exceeding eighty percent (80%) of the fair market value of the property encumbered hereby. Section 5. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, assigns, executors, and other transferees of Property Owner, shall run with said real property, shall create an equitable servitude upon the real property, and shall survive the foreclosure of any deed of trust of record as of the date of recordation hereof. Section 6. The legal description of the real property encumbered by the lien created hereby is set forth in full on Exhibit "A" attached hereto and by this reference made a part hereof. IN WITNESS WHEREOF the parties have executed this agreement this / 3_ day of 7/11 , 1993, at Poway, California. Propwner: By: a. ) Peter P. Allos Doris K. Allos (signatures must be notarized) CITY OF POWAY, a Municipal Corporation • ' By: 1�o � Don Higginson, ! Higginson, 1MAyor ATTEST: Marjorie K. Wahlsten, City Clerk c:\liens\creek.wlm CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 r'�1\ti'\'�til\-�ti'�11\'�'�'�ti'�111-�ti\'�'\111111\\' '\'\1' `-�ti'\1ti1�1'\'`ti'`11'�1ti'\1t1\1111'\1"\'`1 1111111-`'\1',.t"N\"'�1"t'`1111'� r State of Ai/ ____ 1298 INNEE OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER III��IJ• County,Of- a-A / Though statute does not require the Notary to /) f `�r� fill in the data below, doing so may prove f 6 invaluable to persons relying on the document. �' On`�-�` ' before me,Cf�� ��,i��°`�e---/ ❑ INDIVIDUAL O 1 DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY P LIC" ❑ CORPORATE OFFICER(S) 6 f personally appeared f o NAME(S)OF SIGNER(S) TITLE(S) 0 f PARTNER(S) LIMITED 6 j -OR- roved to me on the basis of satisfactory evidence ❑ ❑ 6 f( ❑ GENERAL p s e subscribed to the within instrument and ac- o IN-FACT f . knowledged to me that he/sh-Z0-xecuted ❑TRUSTEE(S) f 1 the same in his/her/41W authorized ❑GUARDIAN/CONSERVATOR 6 f capacity,) and that by his/heal ❑OTHER: t Asignatur�,�.41.n the instrument the person) 1 A or the entity upon behalf of which the f persorJacted, executed the instrument. 1 1 WITNESS my hand and official seal. SIGNER IS REPRESENTING: 1 NAME OF PERSON(S)OR ENTITY(IES) f io017-t2A-;-e- 6 SIGNATURE OF OTARY / 1 , OPTIONAL SECTION ,. 1 A THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUME .- 1.'-- _ '--% -- 3i 7-- £� �� 1 Pr THE DOCUMENT DESCRIBED AT RIGHT: f , NUMBER OF PAGES DATE OF DOCUMENT 6-17-- - 3 f • Though the data requested here is not required by law, 6 it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE f ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 . - - • • 9 EXHIBIT "A" 317-251-21 ALL THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 23; THENCE NORTH 89° 42' EAST ALONG THE SOUTH LINE OF SAID SECTION, 1457.62 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF MISSION ROAD 1A (40 FEET WIDE), ACCORDING TO THE MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE NORTH 41° 45' WEST ALONG SAID NORTHEASTERLY LINE, 260.19 FEET; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE AS FOLLOWS: NORTH 41° 35' WEST, 90' TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 41° 35' WEST 90'; THENCE NORTH 41° 45' 50" EAST, 133.07 FEET TO A POINT ON THE WESTERLY BOUNDARY OF LAND DESCRIBED IN PARCEL 2 OF A DEED TO KENNETH B. LIETT AND WIFE, DATED DECEMBER 11, 1951 AND RECORDED IN BOOK 4331, PAGE 535 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LAND AS FOLLOWS: SOUTH 57° 00' EAST, 100.00 FEET TO THE MOST WESTERLY CORNER OF LAND DESCRIBED IN PARCEL 3 OF SAID DEED TO HIETT; THENCE LEAVING THE BOUNDARY OF SAID HIETT'S LAND, SOUTH 45° 02' 50" EAST TO THE TRUE POINT OF BEGINNING. c:\wpS1\allos2.apn